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October 20, 2021

The Relevance of Key Circuit Court Splits and Corporate Chapter 11 Venue Considerations



Richard Bernard and Scott Gautier — Faegre Drinker partners from the East Coast and the West Coast — are giving a presentation on “The Relevance of Key Circuit Court Splits and Corporate Chapter 11 Venue Considerations.”

Scott and Richard are discussing the importance of the circuit court and bankruptcy court splits that have significant impact on venue selection in corporate chapter 11 cases. With particular emphasis on decisions in the Second, Third, Fifth and Ninth Circuits, they highlight relevant splits related to:

  • nonconsensual third-party releases
  • sales free and clear
  • nonconsensual assumption of executory contracts

The discussion provides insight into these topical splits as well as the legal significance for corporate debtors of filing in one place as opposed to another.

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